Case Detail
CitationPeople v. Paul, 645 N.Y.S.2d 682 (N.Y. App. Div. 1996)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that: (1) the shackling of the defendant in presence of jury was prejudicial; and (2) the prosecutor committed various improprieties in securing the conviction. "Inasmuch as we are granting a new trial, we call attention to the impropriety of the prosecutor in suggesting that defendant fabricated his testimony after having had the advantage of hearing the People's proof [citations omitted]; in beginning his cross-examination of defendant by addressing the fact that he had been incarcerated since his arrest; in asking defendant to characterize a prosecution witness as a liar and whether any other witnesses had a reason to lie [citations omitted]; in stating on summation that defendant had a reason to fabricate testimony because he was on trial [citation omitted]; in making insulting references to defendant's character and in denigrating the defense as an attempt to 'dance' and 'block the view of the jury to the evidence'; and in vouching for the credibility of his witnesses [citations omitted]. There were other improprieties as well. It would seem, by now, unnecessary to emphasize again that the duty of the prosecutor is to honor established legal principles, not to secure a conviction by any and all means . . ."
Determination Year1996
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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